Telefonaktiebolaget LM Ericsson v Shenzhen Transsion (CFI, 9 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Mannheim Local Division allows Telefonaktiebolaget LM Ericsson (publ) to withdraw its infringement action against Shenzhen Transsion Holdings and eight other defendants on EP 4 277 422, following a settlement with Transsion. It applies the 2026 version of Rule 370.9 RoP to the reimbursement request, although the action was filed earlier, and reduces the rate to 35%. The decision is of interest to parties to litigation campaigns run before several divisions.

Question

Which version of Rule 370.9 RoP governs a reimbursement request filed in 2026 in an action brought earlier, and may the regular rate be reduced?

Decision

The withdrawal is allowed, defendant 7’s silence being treated as implicit consent, and no cost decision is required (paragraph 1). The 2026 version of Rule 370.9 RoP applies, with a regular rate of 50% rather than 60%, the judge-rapporteur reduces it to 35% under Rule 370.9(e) RoP, citing among other things the intertwined structure of the requests, coordination between divisions, a complex confidentiality regime, a postponed preliminary objection on the FRAND-related claims and the separation of two patents, the rate being in line with the 25% applied in The Hague lead cases (paragraph 3). The value in dispute is set at EUR 4,000,000 (paragraph 4) and the reimbursement at EUR 12,950, on the fee scale in force before 1 January 2026 (paragraph 5).

Key points for practice

• The amended Rule 370.9 RoP governs reimbursement requests filed after 31 December 2025, even for earlier actions, while the amount of the fees follows the scale in force when the action was filed (paragraphs 3 and 5).
• The reduction for exceptional circumstances is assessed across the whole litigation campaign, the decision referring to the rate applied by The Hague Local Division (paragraph 3).

Provisions applied

Rules of Procedure

Rules 265, 370.9 and 370.11

Case law cited

Court of Appeal, 28 May 2025, UPC_CoA_808/2024, on the absence of a cost decision, HUROM v NUC, Court of Appeal, 26 May 2026, on the application of the amended Rule 370.9 RoP, Telefonaktiebolaget LM Ericsson (publ) v Shenzhen Transsion, The Hague Local Division, 26 August 2026, on the 25% rate.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.